The 'Reasonable Person' Standard: What Does It Mean in a Noise Complaint?

What is the 'Reasonable Person' Standard?

The reasonable person is a hypothetical individual used in law to determine how a typical, sensible person would act in a particular situation. This standard provides an objective test to judge behavior, including whether a noise is disruptive enough to be a legal violation.

When a code enforcement officer or a judge considers a noise complaint under this standard, they aren't asking if the noise bothered you specifically. They're asking if the noise would be offensive or disruptive to an average person of ordinary sensibilities.

Factors Considered in the 'Reasonable' Test

Determining whether a noise is "unreasonable" isn't based on a single factor. Authorities will look at the entire context of the situation, including:

• Time of Day: A lawnmower at 2 PM is reasonable; the same lawnmower at 10 PM is not.
• Location and Zoning: A level of noise that is reasonable in a commercial or industrial area would be unreasonable in a quiet residential neighborhood.
• Duration and Frequency: A dog barking for two minutes is a normal occurrence. A dog barking for two hours is a nuisance.
• The Nature of the Sound: Repetitive, high-pitched, or bass-heavy sounds are often considered more disruptive than other noises at the same volume.
• Whether the Noise is Necessary: Noise from a necessary home repair is viewed differently than noise from a voluntary, recreational activity like playing loud music.

How This Applies to You

This standard works both ways. If you're dealing with a neighbor's noise, your complaint is stronger if it's based on factors an average person would find disruptive. It's not just that you're a light sleeper; it's that the noise is happening during typical sleeping hours and is loud enough to wake anyone.

On the other hand, if you are the one making noise, remember that just because it's daytime doesn't mean there are no rules. Blasting music that shakes your neighbor's walls is likely to be considered unreasonable at any hour.

The Takeaway

The "reasonable person" standard is the law's way of creating a flexible, common-sense approach to noise control outside of strict quiet hours. It acknowledges that living in a community requires a balance between enjoying your property and respecting your neighbors' right to do the same. When in doubt, ask yourself: would this bother an average person? If the answer is yes, it's probably time to quiet down.